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Tag: Islamabad High Court

  • Govt gives three housing units each to 19 bureaucrats

    Govt gives three housing units each to 19 bureaucrats

    A total of 19 bureaucrats of grade BS-22 secured three housing units each, including Special Assistant to the Prime Minister on Establishment Shehzad Arbab.

    According to the papers obtained by Dawn, the officers had already been allotted a double-story “grey structures” house each in the Pakistan Housing Authority Foundation (PHAF) scheme.

    The PHAF traditionally built low-cost housing schemes for its members and this was the first time that it introduced a scheme for senior bureaucrats.

    Previously, former prime minister Nawaz Sharif had cancelled the allotment of “choice” apartments to influential bureaucrats in the same locality [PHAF] and ordered an investigation into the manipulated balloting carried out by the housing scheme.

    Not only this, the official documents say that 185 of the 588 bureaucrats right after this allotment were allotted plots in the capital’s new sectors of F-14 and F-15.

    Following this, the Federal Government Employees Housing Authority (FGEHA) recently allotted two plots each to senior bureaucrats, judges of superior courts, lawyers, and judicial officers of Islamabad’s subordinate judiciary.

    Earlier, the Islamabad High Court (IHC) ruled against the allotment of more than one plot to top bureaucrats at public expense under Article 25 of the Pakistan Constitution and then set aside the policy of allotment of the second plot and referred the matter to the federal cabinet.

    While talking to Dawn, Federal Minister for Law and Justice Barrister Farogh Naseem said the allotments would be examined in light of the IHC judgment. Federal information minister Fawad Chaudhry said, “The government is working on the issue in the light of the IHC directive and has formed a committee as well.”

    Initially, civil servants were entitled to one plot each only. However, in 2006, the then prime minister allowed two plots each for BS-22 officials.

    However, an insider said the policy to make such allotments had never been approved by the federal government.

  • IHC suspends plot allotments to judges in Islamabad

    IHC suspends plot allotments to judges in Islamabad

    Chief Justice Islamabad High Court (IHC) Justice Athar Minallah suspended allotment of plots to the capital’s judiciary in sectors F-14 and F-15, observing that this award of land was a conflict of interest, reported Dawn.

    The court also issued a notice to the attorney general and sought an explanation from the Ministry of Housing and Works on the policy of distribution of plots among a few segments of society.

    Justice Athar Minallah was hearing a petition filed by property owners in villages Thalla Syedan and Jhangi Syedan in Islamabad district against the acquisition of their land.

    During the hearing of the matter, Justice Minallah remarked: “It has been reported that the Federal Government Employees Housing Authority had recently held a ballot for allotment of plots in F-14 and F-15. The list indicates that virtually every judicial officer of the district courts of Islamabad, who are expected to resolve and adjudicate upon the grievances and rights of the affected landowners, is a beneficiary.”

    “It, prima facie, raises serious questions regarding conflict of interest because the plots are given to the beneficiaries at substantially lower prices than the current market rates and thus each beneficiary has a financial interest,” said Justice Minallah.

    “Moreover, astonishingly the list also includes those judicial officers who have been dismissed on account of misconduct or corruption,” added Justice Minallah.

    Justice Minallah observed that the judicial officer who was convicted and sentenced by this court was also one of the beneficiaries.

    As per the record of the FGEHA, three sacked additional district and sessions judges — Pervaizul Qadir Memon, Raja Khurram Ali Khan, and Jahangir Awan — were allotted a Kanal plot each in F-14 and F-15 while two former civil judges, Adnan Jamali and Amir Khalil, were given plots measuring 14 marlas each in these sectors.

    Last week, two special assistants to the prime minister (SAPM), judges of the superior judiciary, and top bureaucrats were among those who had been allocated residential plots in Islamabad’s F-14 and F-15 sectors.

    Judges of the superior judiciary, as well as those of the subordinate judiciary, and a few journalists had been placed in Category I — plots measuring one Kanal.

    While the judges of all the provincial high courts have been allotted plots in F-14 and F-15, not a single judge from the Islamabad High Court was among the applicants.

  • Delivery boy gang rape case: Islamabad high court dismisses bail plea

    Delivery boy gang rape case: Islamabad high court dismisses bail plea

    The Islamabad High Court (IHC) on Tuesday dismissed the bail plea of prime suspect, Ibrahim Khan, in the alleged gang rape of a food delivery boy at Islamabad’s International Islamic University on June 18 2021.

    After the court rejected Khan’s bail plea, he was arrested outside of the court.

    In June of this year, a food delivery boy was gang raped by students at the International Islamic University. According to details, the rape victim was a 22-year-old student at Quaid-e-Azam University and was delivering food to make ends meet.

    The delivery boy delivered food to the hostel on Friday night. When he came out of the room, he fell to the floor and was moved to the hospital by the guards at the hostel.

    Two students were expelled, Ibrahim Khan and Mehmood Ashraf, and Ibrahim Khan’s bail plea was dismissed by the court.

  • Absence of a woman member in the Council of Islamic Ideology questioned by the court

    Absence of a woman member in the Council of Islamic Ideology questioned by the court

    The Islamabad High Court (IHC) has raised questions over the absence of a woman member in the Council of Islamic Ideology (CII), reports Samaa.

    A petition was filed by a citizen named Maham Ali Khan in this regard. The IHC has ordered the Law secretary and the CII chairman to submit a response to the petition.

    The lack of inclusion of women in the constitutional body that advises the legislature whether or not a certain law is in accordance to the Quran and Sunnah is against Article 228 of the Constitution of Pakistan, Maham’s counsel Zainab Janjua told IHC judge Amir Farooq during a hearing on Tuesday.

    The CII can’t have more than 20 or less than eight members. The counselor said that currently there are 12 members in the body but none of them is a woman.

    The petitioner has requested that a woman member be included in the council.

  • Speaker Asad Qaiser lauds Shehzad Roy for his efforts against corporal punishment

    In a move welcomed by child rights organisations, the National Assembly on Tuesday passed The ICT Prohibition of Corporal Punishment Bill prohibiting corporal punishment in the capital, setting punishments for people physically punishing children.

    Speaker National Assembly Asad Qaiser lauded singer Shehzad Roy for his efforts against corporal punishment.

    The proposed law will cancel out the provisions of Section 89 of the Pakistan Penal Code, which allows physical punishment “for the benefit” of the child by guardians and teachers.

    Section 89 of the Pakistan Penal Code:

    Section 89 of the Pakistan Penal Code 1860 (No XLV) allows parents, teachers and other guardians to use moderate and reasonable corporal punishment as a means to correct the behaviour of children below 12 years of age.

    The bill was tabled by PML-N MNA Mehnaz Akbar Aziz. It will become a law after the Senate passes it and the president signs it.

    Last year, The Islamabad High Court (IHC) suspended Section 89 of the Pakistan Penal Code (PPC) and banned the practice of corporal (physical) punishment by parents, guardians and teachers on children. The decision was announced after singer-activist Shehzad Roy filed a petition in court to ban the use of violence to discipline children.

  • Imran’s neighbours accuse PM’s nephew of land grabbing

    Imran’s neighbours accuse PM’s nephew of land grabbing

    Residents of Bani Gala and reportedly the neighbours of Prime Minister (PM) Imran Khan, namely Azmatullah and Mohammad Umar Gondal, have accused the nephew of the premier of grabbing their land.

    According to a petition filed by the two in the Islamabad High Court (IHC), they purchased land measuring 30 kanals in Mohra Noor Islamabad which is adjacent to the land of the premier.

    It said that out of 30 kanals, they have sold 16 kanals while 14 kanals of land was in their possession.

    The petitioners started landscaping and designed the land to convert it into an orchard; labourers were also hired for this purpose. However, the assistant commissioner (rural) and SHO Banigala stopped them from construction, Dawn reported citing the petition.

    When the petitioners approached the district magistrate (deputy commissioner) and others, they were told that Shahraz Azeem Khan, nephew of PM Imran, is interested in buying their land and advised the petitioner that “it is better for them to sell this land” to PM’s nephew.

    It said that the petitioners were called by deputy commissioner when they reached his office, he arranged their telephonic conversation with PM’s nephew. The petitioners claimed that Shahraz Khan categorically asked them to sell their land or face consequences.

    As per the petition, the district administration threatened the petitioners they would be placed in fourth schedule of the Anti-Terrorism Act (ATA) or they would be jailed under Section 3 of the Maintenance of Public Order (MPO) and when they will come out of prison, their property would be occupied and they would never be compensated.

    According to the petition, under Article 23 of the Constitution, any citizen has the right to hold or dispose of his property.

    The petitioners requested the court to declare the forced acquisition of their lawful land as illegal and restrain the district administration and police from interfering in the matter.

    Justice Tariq Mehmood Jahangiri of the IHC has issued notices to the premier’s nephew, assistant commissioner (rural), the district magistrate and Banigala SHO on the petition, the report said.

  • Families of two accident victims pardon Kashmala’s son

    Families of two accident victims pardon Kashmala’s son

    Families of two out of four men who lost their lives after being hit by a vehicle of Federal Ombudsperson for Protection against Harassment of Women Kashmala Tariq on the Srinagar Highway, pardoned her son and driver on Tuesday.

    According to the media reports, the families submitted affidavits to the court of Additional District and Session Judge, Mohammad Sohail Fazil during the hearing of a plea for bail-before-arrest obtained by Ms Tariq’s son.

    The investigators had asked the court to cancel the bail and give physical remand of the accused but the counsel for the accused borrowed time till afternoon and brought the families of the two deceased, Farooq Ahmed and Adil, who submitted affidavits separately.

    As per the information on affidavits, “The car was driven not by Ms Tariq’s son but by the driver. They do not want any legal action against her driver and her son.”

    It further added, “For the sake of Allah, we have no objection over the release of her driver and son on bail, quash the case and discharge them from the case.”

    Later, the court issued an order stating that parents of deceased Farooq Ahmed and Adil Abbasi got their affidavits submitted.

    During the hearing, they were asked to come up one by one, and contents of the affidavits were read and explained to them in Urdu. All of them verified the contents and thumb impression on it.

    The parents had firmly stated that they had pardoned the accused and have no objection if they are released on bail.

    To nullify the case completely, affidavits from the families of the other two deceased and the two injured persons are also required, said the judge.

  • Islamabad lawyers storm high court building after CDA demolition drive

    In a protest against the demolition of their chambers by the Capital Development Authority in F-8 sector of Islamabad, a number of lawyers stormed the Islamabad High Court (IHC) building on Monday.

    The lawyers chanted slogans against IHC Chief Justice Athar Minallah as they barged into the chief justice block, trapping the Justice Minallah into his chamber. They also broke the windows and doors of the building.

    The special security police were also absent from the scene when the building was stormed by the lawyer as they arrived much later. Female employees were evacuated from the Chief Justice block and other IHC judges also arrived at the scene.

    Due to the violence, the proceedings at both the high court and district courts remained suspended, with roads outside the court blocked for traffic.

    The lawyers also misbehaved with journalists who were present on the scene and were recording videos.

    According to Dawn, Justice Mohsin Akhtar Kiyani and IHC Bar Association President Haseeb Chaudhry urged the lawyers to opt for talks. “Until you people put your stance before us, we will not be able to solve the problem,” said Justice Kiyani as per the report.

    The deputy commissioner, Hamza Shafqaat, also arrived on the scene to placate the angry lawyers. He said that the administration was trying to resolve the situation within half an hour.

    NO TALKS TILL RESTORATION OF CHAMBERS:

    The protesters, however, refused to back down. They said they “will not talk until our chambers are restored”. They also claimed that some of their colleagues were arrested.

    Justice Kiyani said the detained lawyers will be released, adding that lawyers shot themselves in the foot by attacking tyhe chambers of the IHC CJ.

    “Lawyers have crossed the head of their house, now I will have to placate him as well,” he was quoted by Dawn as saying.

    Meanwhile, a notice was issued by IHC Bar Association Secretary Suhail Akbar Chaudhry, announced a strike and saying that not only will the body protest against the “injustice”, it will also take “strict action if needed”.

  • Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Fawad Ch disqualification case: IHC chief justice wants people to be the judge

    Islamabad High Court (IHC) Chief Justice Athar Minallah has said that the judiciary has faith in decisions made by the people, who are responsible even if they elect to power the wrong representatives.

    “If eligibility or disqualification are to be decided, do so outside courtrooms,” the top Islamabad judge said while hearing a petition seeking the science and technology minister’s disqualification for allegedly hiding his assets.

    Justice Minallah was due to hear the plea on February 1 (today). The court had already issued notices to Fawad and the Election Commission of Pakistan (ECP) for the hearing.

    The petitioner has claimed that the minister did not disclose details of the land he owns in Jhelum in his nomination papers for the 2018 general elections. “He is no longer ‘sadiq and ameen’ and should be disqualified,” the petitioner had argued.

    During the course of proceedings on Monday, the IHC ruled that it will hear the disqualification petitions against all MNAs and MPAs together and give a combined ruling on it.

    The combined cases will be heard on March 9. The cases will be wrapped up together so that the court can listen to other petitioners, the court remarked.

    The court has a clear stance on hearing cases against the representatives of the government. Courts should not be used for political motives, said Justice Minallah. “Why should we hear cases that will eventually lead to the criticism of the courts?”

    The petitioner said that the court has to make a decision if the law is violated anywhere, the petitioner said, adding that former PM Nawaz Sharif was also disqualified by the courts.

    Former CJ of Pakistan Asif Saeed Khosa had said that Parliament should amend Article 62 (1)(f). If it remains the same, then all of us could be disqualified under it, the court added.

    Article 62 (1)(f) of the Constitution is a provision requiring elected officials to be ‘sadiq and ameen’ or honest and righteous. Former prime minister Nawaz Sharif and PTI leader Jahangir Tareen were disqualified under this clause.

    Fawad, who attended the hearing, said that whatever has been presented in court is nothing but a classic example of blackmailing. “Courts are supposed to protect us from being blackmailed.”

    Responding to Fawad, Justice Minallah said that the politicians should play their role in changing the blackmail culture. “People hurl abuses at judges on social media,” he remarked, adding that MPAs and MNAs should try to change this culture too.

  • Video defending Naeem Bukhari’s posting as PTV chairman comes back to bite Faraz

    Video defending Naeem Bukhari’s posting as PTV chairman comes back to bite Faraz

    Weeks-old footage of Information Minister Shibli Faraz is making rounds on Twitter, in which the minister had claimed that the appointment of then Pakistan Television (PTV) chairman Naeem Bukhari was made in line with the Supreme Court verdict.

    Faraz, who had appeared on the Hamid Mir show, had said that the appointment of Bukhari was in line with the court order. He had added that the government wouldn’t take any risks and make an appointment against the SC verdict in the Ataul Haq Qasmi case.

    But, it seems the minister was lying through his teeth. Because a fortnight after the claim, an Islamabad High Court (IHC) verdict had asked the federal cabinet to review the appointment of Bukhari because he was overaged for the post. The federal cabinet had subsequently removed him from the post.

    In the clip, Hamid Mir had asked Faraz about the appointment of the PTV chairman, alluding to the plea in the high court that had questioned the qualification of Bukhari for the post.

    At this, Faraz said that Bukhari was named as the PTV chairman after fulfilling all the requirements laid out by the top court in its judgement pertaining to the Ataul Haq Qasmi case. He also claimed that the journalist was being misled by some people who are making the appointment of Bukhari controversial.

    BUKHARI BECOMES PTV CHAIRMAN:

    In November 2020, the Ministry of Information and Broadcasting had notified Bukhari, who has a vast experience of doing TV programmes, as chairman of PTV. The appointment was made after a court ruling in Sept 2020 declared the appointments of PTV chairman Arshad Khan and independent members of the board of directors illegal while directing the government to fill the vacant slots in accordance with the law. 

    Bukhari, who has worked as an anchorperson and commentators on PTV for decades, had joined PTI in June 2016. At the time, he called Imran Khan the “only political leader who had the courage to speak the truth”. Bukhari also represented Imran when he went to the Supreme Court against then prime minister Nawaz Sharif following the Panama Papers leak.

    The pleas that were later admitted by the apex court which disqualified Nawaz Sharif for being “dishonest” under Article 62 (1)(f).

    The National Accountability Bureau (NAB) had also hired the services of Bukhari as a special prosecutor to take up cases against close confidants of Sharif brothers — former Lahore Development Authority chief Ahad Cheema and former principal secretary Fawad Hassan Fawad.